January 2018

Following a few months’ worth of planning, we are delighted to finally reveal our new website!

What’s changed?

There are many elements to the website that have changed. These include:

• More user-friendly information about the services that we provide;
• Updated, easy-to-access blog content;
• A newsletter sign-up;
• Updated photos;
• An easier method to contact us; and
• Much more!

For clients

You will now be able to search our ‘For You’ and ‘For Businesses’ sections easily to find out more on the services we provide.

For each service, you can also see the consultant who deals with the service, what other people have said about them, as well as their contact details.

You have access to our FREE online resources, blogs and newsletter sign up, which provides you with easy to understand, up to date, legal information.

For consultants

We have improved our Careers page so you can see what Legal Studio is really like, what a consultant at Legal Studio really does, the stories of our current consultants and the rewards you receive working with us.

What’s next?

However, our new website is only the beginning of the big changes coming to Legal Studio!

Keep up to date with our blogs or sign up to our newsletter so that you’re the first to know.

Navigate through our new website NOW and see the changes for yourself.2018 14 09159

But, if I don’t work I don’t earn any money, and with a wife and three growing girls to keep, such a course wouldn’t be very helpful.

However, it’s not just about the need to make money. I went into the law because I found it interesting, I wanted to make a difference, and I wanted to be the best for my clients. A lot of the time I actually enjoy what I do. I love helping my clients, many of whom find themselves in real difficulty, and hopefully winning their cases. Plus, being self-employed means that I am more flexible in the way I work and can better adapt to my clients’ needs.

TWO

This is the old dinner party chestnut, but is of real continuing interest to people I speak to.

If a client tells me they have committed the offence, I cannot then run a not guilty plea at trial unless they think they have committed the offence, when in law they haven’t, and I advise them of this.

For example, just because a client admits hitting someone, it doesn’t mean they are necessarily guilty of assault, they may have acted in self-defence. However, I am what is called an officer of the court, and cannot mislead it.

Even if I do not necessarily believe my client’s account, I am still free to pursue the defence they advance. At times, I have been sceptical but the evidence has shown my client to be entirely truthful. The court is the arbiter of truth, not me. A lot of the time I am dealing with cases where the offence is admitted and I am mitigating to obtain a lesser sentence.

Everyone is entitled to a defence. However serious the allegation, however unpleasant, however vilified by society a defendant may be, the rule of law demands that a person or company receive a proper defence.

Consequently, I always turn this question round: what if you were accused of something vile, like sexually assaulting a child, wouldn’t you expect no stone to be unturned in your defence, with the looming threat of prison, personal disgrace and lifetime pariah status? I never flinch from defending the unpleasant, indeed often the stakes are higher and my role becomes even more important.

THREE

Firstly, and it may seem trivial, but with a name like Conybeare which frequently gets mispronounced, I ensure I get my client’s name right. It really matters to me, and is a basic courtesy.

Secondly, I always put the person or company I am representing first, not what they are alleged to have done. I like and respect the vast majority of my clients and I want to establish rapport at an early stage.

Occasionally I don’t establish a good relationship and I have on one occasion told a client that we are not getting on and they should seek alternative representation. The client lawyer relationship in defence cases can become fraught and stressed and cannot start on a bad footing.

Finally, and this is the cornerstone of my ethos, I believe at the start that my clients are entirely innocent of whatever allegation they face. Sure, they may admit they have done it, or the evidence may be overwhelming, but innocence is always the starting point and I work from there. It means I am starting with the basic tenet of our criminal justice system, the presumption of innocence, and respects my client’s position.

The day I don’t start with innocence is the day I seek an alternative career. It follows from that basic foundation that I will pursue every avenue and line of defence I can within the rules of my profession and the resources I have at my disposal.

That is my guarantee to every client that walks through my door and instructs me. I am always humbled and honoured that a client believes in me to obtain the best result, and I aim to repay that faith in full.2018 16 0856

2017 has ended and a new year is upon us. However, you’re still stuck in the same legal job and don’t know what to do next.

Maybe you’re a solicitor who has been working at the same firm, without progression or recognition.

Maybe you’re bored of the targets set by your employer.

Maybe you’re looking for a flexible style of working, on your terms, not someone else’s.

Don’t let 2018 be as monotonous as 2017. Join Legal Studio as a self-employed solicitor.

What do you mean?

Well, Legal Studio is a team of self-employed consultants. Each individual has complete control over their work whilst still being able to surround themselves with the expertise and camaraderie of the wider firm. We offer truly flexible working and a far more personal service than any other firm and you are able to openly discuss costs with clients, free from the constraints of huge overheads.

We strip away the usual stress of a law firm and provide you with the support and guidance that you require. We actively encourage you to ensure that you give your clients the personal service they want, without the unnecessary targets.

This can allow you to build a stronger relationship with your clients and get out what you put in.

But this sounds too good to be true…

And we agree. However, it isn’t. This new business model is becoming far more popular in today’s shifting legal sphere and you should join it. The opportunity is real, and Legal Studio can help you realise it.

We welcome applicants to join our team at any stage in the year.

Don’t let 2018 run away and waste another year in a job that you don’t like.

Please see our Careers page for more information about the role and the application process.

Still don’t believe us? Then why not get in touch with any of our team for a confidential discussion on turning this year into your year.2018 11 08163

The UK Government intends to introduce further deterrents to prevent the employment of illegal workers within the UK.

What’s new?

An employer will be unable to claim the Government Employment Allowance for a period of one year if they have:

Hired an illegal worker

Been penalised for their actions by the Home Office

Exhausted appeal rights in relation to the imposed penalty

DRONE BILL (PROPOSED): SPRING 2018

The Government intends on publishing a draft law which will require the registration of drones that fit certain criteria.

What’s new?

Drones over 250g will need to be registered;

Leisure pilots need to complete a pilot test;

Safety awareness tests are required to ensure a drone’s flight is safe and legal;

Police seizure powers of illegal drones; and

‘No-fly zones’.

THE IMPOSITION OF GENERAL DATA PROTECTION REGULATIONS: MAY 2018

This is the biggest change in data protection rules in over two decades. It replaces the Data Protection Directive 1995. It will also survive Brexit. If you’re currently subject to the DPA, you will likely be subject to the GDPR.

What’s new?

Rights for individuals to access the information that companies hold about them;

Universal application to all controllers and processors of personal data;

An obligation for better data management of businesses;

Increased requirements for the appointment of a Data Protection Officer;

This directive will harmonise the definition of trade secrets. It will put companies, investors, creators and researchers on an equal footing, however journalists will still be free to investigate and publish business affairs as they do today. If you’re in business, it will require a refresh of your contractual terms, policies and procedures.

What’s new?

Harmonised definition of trade secrets;

Reasonable steps to keep matters secrets;

Companies must follow legal obligations to disclose information of public interest;

Safeguards for those acting in public interest who disclose a trade secret to reveal illegal activity, misconduct or a wrongdoing; and

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 will soon come into effect. That means that from 1 April 2018, residential properties which are let (including any renewal) must have an Energy Performance Certificate rating of at least E. There will be some minimum exemptions.

In our latest blog, Legal Studio reflect on lawyers, working conditions and chickens…

Is your lawyer happy?

There have been numerous reports popping up in the legal news recently regarding the unspoken issue of anxiety, depression and stress within the legal industry.

This is down to a number of factors, including:

• The expectation of long working hours. Many lawyers feel that they have to stay in the office just to be seen by superiors, at the expense of their family or social life;

• Additional responsibilities outside of the day job. There are always pressures and deadlines to be managed, but the additional management meetings, projects and constant need for existence justifying spreadsheets get in the way of meeting them without a last-minute panic;

• Constant, ever-increasing, targets. These are often outside the individual’s control, but any failure to meet them is attributed to them; and

• Lack of appreciation. Doing all of the above but receiving no thanks for any of it.

Free Range Lawyers: Good for Clients

Why should our clients care if we are happy? We are, after all, paid for the advice we give and documents we produce. Our happiness is of no concern to our clients…or is it?

Here at Legal Studio, a parallel has been made with battery hens. They both see little natural light, are often overworked and have had their freedom restricted. In short, just like the battery hens, many lawyers are unhappy.

There is a large backlash against battery hens in today’s food market, with consumers paying slightly more to know that their products have come from happy hens. This is where the parallels shift…by engaging a happy lawyer with more freedom, you are likely to pay less and the end quality of work is likely to be improved.

It is impossible to focus properly for hours on end, and everyone works better in different ways and at different times of day. When forced to sit at a desk from 7am until 7pm, a lawyer is not generating their best work and they are likely to be inefficient.

At Legal Studio, our lawyers all work freelance. Yes, we have an office. Yes, we are contactable between 9 – 5 Monday to Friday (and beyond). But no, we don’t sit at our desks trying to look busy or force our brains to complete a document when, in reality, we are struggling to focus any longer. There is a lot to be said for the ability to leave the desk to take a proper lunch, catch up with a contact, or go to the gym. Not only doesn’t it have a huge impact on our personal wellbeing, it also has a big impact on our ability to focus and reflect on our work.

Each of us has the ability to choose which cases we accept. It is not dictated to us. This means that the work we do is through choice, and our clients have a new level of importance to us. Of course, if we are busy we will work long hours, but this won’t be imposed upon us for no recognition.

So, the answer to the question of whether you should care if your lawyer is happy is yes. It will impact on your relationship with them, their work ethic, and their productivity. By being able to work efficiently, we are able to work cost-effectively.

Free-range lawyers – it’s a novel concept but it works on both sides. If you are interested in either joining us, or in finding out how we are able to assist you, please get in touch via our website.2018 53 08164

As freelancers, it is essential that you understand your rights regarding Intellectual Property. Ailsa Pemberton, provides a useful guide on the points you need to be aware of when commencing new projects.

For the purposes of this blog, I am focussing on the scenario where you are creating works for others. You may be: an artist commissioned to create a bespoke art work; a web designer creating a site for a customer; a photographer taking wedding photos; a journalist writing about an exclusive scoop; a computer programmer creating a new App for a client; and so on. In the majority of the scenarios above, you will be paid for your efforts and, with any luck, the happy client may recommend you, thereby leading to further work for you.

In the majority of the scenarios above, you will be paid for your efforts and, with any luck, the happy client may recommend you, thereby leading to further work for you.

RECOMMENDATIONS CAN LEAD TO MORE WORK.

As a specialist intellectual property (IP) lawyer, I advise clients how to maximise the value from their IP. For many of my clients this may take the form of advising on protecting their IP or drafting commercial agreements to get a return from that IP, e.g. by developing, using, licensing or selling, to name a few methods.

For freelancers, the value considerations need to start before the IP is created. Many freelancers undersell their works. Remember, the customer wants to tap into your expertise and is willing to pay for that expertise.

DON’T UNDERVALUE YOUR WORK, IT IS YOUR INCOME.

One of the most important factors is recognising the type of IP you are creating. Most of the examples above create copyright works, but you may also be creating a patentable invention, a protectable design or a registrable trade mark.

To focus on copyright: copyright arises automatically, without the need for registration in the UK, upon the creation of an original work. As creator, you are the first owner of that copyright work. Ownership of such work can only pass when you give your agreement in writing, even when being paid. So, if you are to transfer ownership as well as the work, make sure the price reflects that.

You might want to think about retaining some elements, licensing or transferring only part of the works, and retaining others. The retained parts can then be used by you in the future. You could grant rights for a limited time, or in a limited territory or for a limited use. Full ownership should always cost more.

KNOW YOUR RIGHTS. FULL OWNERSHIP SHOULD ALWAYS COST MORE.

Moral rights should always be considered. Unless you are producing white labelled goods for your customer, it is prudent to insist that your details are displayed on the works. This will show others who created the works and hopefully lead to more work for you.

EXERT YOUR MORAL RIGHTS.

Always keep full records, including dates, of the creation of your works. You need to be able to prove you are the owner should the work be stolen, for example if the customer doesn’t pay but uses your work anyway.

EVIDENCE THE CREATION.

Some of the tips above arise from deep seated legal principles which I would be more than happy to explain further. Others are simply common sense. At the end of the day, however, a little knowledge is a good thing and will hopefully make your business more successful.

If you would like any further advice on IP issues please contact Ailsa Pemberton.2018 51 08161

If you get 12 or more penalty points on your driving licence within a 3-year period, you get banned from driving.

DRIVING BAN

The length of your ban depends on the precise circumstances of your case, but you could be banned for:

no less than 6 months if you get 12 penalty points or more within 3 years

no less than 12 months if you get a 2nd disqualification within 3 years; or

no less than 2 years if you get a 3rd disqualification.

Also, if you’re disqualified for 56 days or more you must apply for a new licence and you may have to retake your test.

EXCEPTIONAL HARDSHIP

However, you may be able to argue that either a ban, or the length of any proposed ban would cause you “exceptional hardship”.

An exceptional hardship must be something out the ordinary. Losing your job or your freedom to travel is not of itself enough.

However, in a recent case, Edmund Conybeare was able to successfully make an exceptional hardship application for a client who had already exceeded the 12-point threshold and prevented a ban being put in place at all.

Finally, it’s worth knowing that if you’ve already had an exceptional circumstances argument accepted in the last 3 years you can’t rely on any of the reasons raised then to retain your licence for a second time.

It therefore pays to consult an expert early on to ensure you get the right advice and run the right arguments.

Have you taken stock of how many invoices you have outstanding recently, and how old the invoices are?

Many businesses can have quite a shock at how much money they are owed in uncollected invoices but cannot commit the time to chasing them whilst meeting other business demands.

Credit Control systems can take time to put in place and monitor effectively, but without them, you may be allowing money owed to your business to simply disappear. Debt collectors are often ineffective as their letters are either ignored (as people realise that they rarely follow up with a court claim); or result in a breakdown of relationship with a client who may have provided further work.

If you feel that things are starting to spiral out of control in relation to your debt recovery procedures, why not speak to one of our experts at Legal Studio who will be happy to discuss any book debts with you and provide advice on credit control from a legal perspective going forward.

Did you use IT design consultants to produce your website? You may have supplied all of the information or wording required, but the style, layout, imagery and often some of the content is created or supplied by the designer.

So, who owns the intellectual property (IP) in the website? Is it you, the instructing – and most likely paying customer? Or is it the hard-working designer?

It may surprise you to learn that without a formal transfer of the IP, ownership remains with the designer.

IP law has, over the years, been developed to protect persons creating the work. So, in the eyes of the law, the first owner of the copyright in a commissioned website is the designer or their employer, if they are an employee. This remains the case even if the designer is paid for their services.

Most assume that on payment, ownership will automatically transfer. But this is not the case. The only way that ownership can move is if the designer transfers the copyright to the client in writing. This type of legal document is called an assignment. If ownership is not transferred the designer could, at some later date, object to certain uses of the work.

New year, new home improvements? If you are planning on carrying out any changes which may affect a shared wall, then take a look at our,

10 THINGS YOU NEED TO KNOW ABOUT THE PARTY WALL ACT:

The Party Wall etc. Act 1996 (“PWA”) provides that a neighbour must be notified of any work intended to be carried out which may affect the structural strength or support function of a party wall or may cause damage to the neighbouring side of the wall.

A building owner must comply with the PWA where they intend to:

Carry out works to an existing party wall, including rebuilding a wall to a reduced height;

Build a new party wall;

Build within 3 or 6 metres of the adjoining owner’s walls or buildings where the works involve excavation.

A party wall is one which stands astride the boundary of land belonging to two or more different owners. It may be part of one building or may separate two or more buildings. A wall is also a party wall if it stands wholly on one owner’s land but is used by two or more owners to separate their buildings.

A party fence wall is one which separates land but is not part of a building, such as a garden wall. A wooden fence is not a party fence wall for the purposes of the PWA.

The rights and obligations of the building owner vary according to the type of works which are being undertaken. Generally speaking, there is a requirement to serve notice on the adjoining owner, to carry out the works in accordance with the agreed plans, to exercise reasonable care when carrying out the works, to avoid causing unnecessary inconvenience to the adjoining owner during the works, to compensate the adjoining owner for any damage caused, and to pay for all expenses relating to the works.

If the building owner fails to serve notice, the adjoining owner can seek an Injunction preventing the works being carried out or compensation. However, where the notice has been correctly served, it is an offence for the adjoining owner to refuse access to the land or obstruct the works. The building owner is permitted (with police assistance) to break any doors or fences which prevent their right of access.

The obligations on the building owner must be complied with, otherwise they can be liable for breach of statutory duty, for which damages can be sought, and they will not benefit from the protection provided by the PWA. Where damage or loss is caused as a result of a failure to comply with the PWA, the adjoining land owner has a claim in private nuisance against the building owner, who may also be liable in trespass.

The PWA does not affect any requirement to obtain planning permission or building regulation approval and likewise these do not negate the requirements of the PWA.

The PWA provides a dispute resolution procedure which gives the building owner the rights needed to carry out the works, whilst at the same time protecting the interests of the adjoining owner.

Where agreement cannot be reached, the parties can instruct a surveyor to draw up an Award. A Party Wall Award will govern the extent of the building owner’s works, set out the manner in which the works are to be carried out and document the original condition of the land in case damage is subsequently caused. The Award is final and binding and can only be overturned on appeal to the County Court. Any appeal does not automatically stay an Award, meaning that the building works can continue unless a stay or injunction are granted.

‘He which hath no stomach to this fight, let him depart; his passport shall be made, and crowns for convoy put into his purse.’

If you have come to me, most probably you are in trouble with the criminal law and want to be defended, hopefully found not guilty or given the lowest possible penalty. So what do you get from me? What is the ‘art of defence’?

Firstly, as the Shakespearian quote from Henry V indicates, you get a lawyer up for the fight. If I am less than fully committed to you and your defence I am not doing a proper job and am not worth the trust you place in me. I am a bad loser and will do all I ethically can to act in your best interests.

Secondly, you get a lawyer who will make the prosecution work. If they want to convict you of whatever you are accused of, they will have to work for it. They will have to prove every required element of the offence and they will have to show the prosecution is fair and in the public interest. And I won’t make it easy for them. In our free country, the burden is on the prosecution to prove you guilty, and I won’t let them forget. In the immortal words of John Mortimer’s famous comic creation Rumpole, the prosecution will not make a ‘balls of the burden of proof.’

Thirdly, I will live up to the maxim of leaving ‘no stone unturned’ in your defence. That means not just dealing with the obvious but actively taking measures to defend you, finding material that can assist you, questioning the prosecution case, striving to achieve the best result at all times, and finding unorthodox arguments to challenge the prosecution and improve your case.

And fourthly, I will always strive to be one step ahead of the prosecution. I will be better read than them, better prepared for hearings, will never leave their case unchallenged and will continually place the burden of response back on them.

Years ago I went for a job interview. The interviewing partner was married to a senior lawyer in the Crown Prosecution Service. She described me in defence terms as a ‘complete nuisance.’ It was a badge of honour I still proudly wear today.2018 03 0556